HomeMy WebLinkAboutAgenda Report - May 20, 2015 C-08AGENDA ITEM C
CITY OF LODI
p COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Contract with J&M
Displays, Inc., for 2015 and 2016 Fourth of July Fireworks Shows at Lodi Lake
Park ($32,000)
MEETING DATE: May 20, 2015
PREPARED BY: Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a
contract with J&M Displays, Inc., for the 2015 and 2016 Fourth of
July Fireworks Shows at Lodi Lake Park in the amount of $32,000.
BACKGROUND INFORMATION: On March 30, 2015, City Staff provided bid packets to prospective
firework show providers. Prospective show providers would be
responsible for providing the labor, materials, product and one
onsite licensed fireworks technician to provide and perform a minimum of an 18 -minute firework show on
the water at Lodi Lake Park, working with a $16,000 budget. Staff received two bids, but only J&M
Displays, Inc., agreed to meet all of the City's requirements.
J&M Displays provided a complete and comprehensive proposal. Additionally, J&M Displays has been
the provider of the fireworks shows at Lodi Lake for the past several years. This vendor has always been
responsive to our planning and load -in and load -out schedules. The past firework shows have been
performed with safety being the upmost priority and has been well-received by the viewers.
The proposed contract includes the 2015 and 2016 fireworks shows on the Fourth of July, with an option
to extend the terms for two additional years as referenced in Exhibit B.
FISCAL IMPACT: The General Fund typically budgets $16,000 a year for this fireworks
display, half payable in advance in the fiscal year preceding the show, and
the other half payable in the fiscal year of the show.
FUNDING AVAILABLE: Special Ev is Account No. 10010102.72750
Jordan yers, Deputy CityManager/Internal Services Director
APPROVED:
Jeff Hoc
Dire ar s, Recreation and Cultural Services
r, City Manager
jam vrsprays inc.
P.O. Box 3444
Diamond Springs, CA 95619
916-870-0531 Phone
530-626-7444 Fax
FIREWORKS PRODUCTION AGREEMENT
This agreement ("Agreement") is made this_ day of , 2015 by end between J&M Displays an
Iowa corporation, hereinafter referred to as ("J&M"), and the City of Lodi Parks, Recreation and Cultural
Services Department, hereinafter referred to as ("BUYER"). J&M and BUYER are sometimes referred to as
"Party" or collectively as "Parties" herein.
1, SERVICES TO BE PROVIDED:
The BUYER hereby engages J&M and J&M hereby agrees to provi!de the services necessary or
required to design, create, develop, construct, maintain and otherwise produce for the BUYER the
Fireworks Production (collectively, the "PRODUCTION") required 4y the BUYER for the production
as detailed in attached Exhibit "A". i
J&M Duties — J&M shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping,
pyrotechnic products, apply for all pyrotechnic permit and insurance covering the Production and
the other things on its part to be performed as set forth below in thk Agreement.
BUYER Duties— BUYER shall provide to J&M a suitable site ("
security for the Site as set forth below, access to the Site, and a,
to utilize the Site for the Production. All Site arrangements are st
approval as to safety, suitability, and security. All other condition
responsibility of BUYER, including, but not limited to, access, us
general safety with respect to the public, BUYER personnel and 1
also pay for the cost of all permits and fire watch fees. BUYER st
J&M's vehicles on the show site. However, BUYER shall have nc
damage to J&M or its workers' vehicles. BUYER shall provide ck
mortar boxes or troughs.
2. Times for Performances:
J&M and Buyer agree that this Agreement shall be for a
conditions as set forth in Exhibit B, attached hereto, and
reference.
'ite") for the Production,
quire any permission necessary
bject to J&M's reasonable
> of the Site shall be the
and control, parking and
ther contractors. BUYER shall
all provide secure parking for
liability for third -party theft or
m dry sand, if required, for
e year term on the terms and
orated herein by this
The first of two productions shall take place on July 4, 2015. The production will occur at
approximately 9:30 p.m, at the site: Barges on Lodi Lake, 110' W. Turner Rd, Lodi, Calif.
The second of the two productions shall take place on July 4, 2016 at approximately 9:30 pm
at the site: Barges on Lodi Lake, 1101 W. Turner Rd, Lodi, Calif.
3. COMPENSATION:
Provided J&M is not in breach of this Agreement and has renderod all services required by the
BUYER hereunder, during the'rerm, the BUYER shall pay J&M he following sums, all shown in
U.S. doers, as follows:
A. Terms and Condition
1) Fee and Deposit BUYER agrees to pay J&M a fee bf $16,000.00 USD (SIXTEEN
-THOUSAND DOLLARS) for each Production. BU1�jER shall pay to J&M
$8,000,00 USD (EIGHT THOUSAND DOLLARS) plus estimated permit and
standby fees, specified production costs, and other rgulatory costs estimated at
($135.00) (INCLUDED), for a total of $8,000.00, as a deposit ("Deposit").
Page X of 6
The Deposit must be received no later than, June 1, 2015.
The balance of $8,000.00 USD (EIGHT THOUSAND!, DOLLARS)
shall be paid no later than July 10, 2015, J
For the 2016 production, the deposit must be receiv d no later than April 30, 2016
and the balance shall be paid no later than July 10, 4016
B. Weather Delay/Cancellation:
If Buyer postpones or cancels the fireworks display 110 or more days prior to the
display date, there will be no charges assessed to Puyer.
If the Buyer cancels the fireworks display less than0 days prior to the show
date (not including the day of the show), Buyer will a responsible for paying
30% of the contract price for full settlement of this Agreement.
If the Buyer cancels the fireworks display on the daof the show, Buyer is
responsible for paying to the Seller the shoot fee cost of $1,800.00, delivery fee
cost of $575.00, and 30% of the contract price for foil settlement of this
Agreement.
Rain pate: Should inclement weather prevent the fiing of the display on the date
mentioned herein, the parties agree to a mutually convenient rain date of July 5,
2015; and a rain date of July 5, 2016, for the production scheduled July 4,
2016. If the display is postponed to the mutually agleed Rain Date, the Buyer is
responsible for paying to the Seller an additional shgot fee cost of $1,800.00 and
delivery fee cost of $575.00. ;i
C. To the extent that changes required by the BUYER in the plans cause a material Increase
in the cost of producing the production, AM shall prompiy notify the BUYER in writing of
the approximate amount of such increase, and the BU ER and J&M shall in good faith
determine an appropriate increase in the compensatic n payable to J&M pursuant to
clause 3 (A) above. If the parties cannot agree upon an appropriate increased amount in
writing, the original agreement must be performed.
D. Interest - In the event that the Fee is not paid in a timely n`anner. BUYER agrees to
payment of 1.5% interest per month or 18% annually on Me unpaid balance. If litigation
arises out of this Agreement, the prevailing party shall bentitled to reasonable costs
incurred in connection with the litigation, including, but no fllimited to attorneys' fees.
4. WARRANTIES AND INDEMNIFICATION:
1) It is hereby represented and warranted that:
a) Claims: The Production shall be free from any and all 1,laims, liens, judgments, or suits
of any nature, and that implementation of the production mill not impair or interfere with
the BUYER's use of the Production or any other rights gr�rated to the BUYER hereunder,
and that in connection with the services rendered by the J, M, J&M will not knowingly
violate or infringe upon the trademark, trade name, copyr?ht, patent, literary right or any
other right of any other person, firm or corporation.
b) BUYER represents that it has or will obtain any p
sufficient to authorize public exhibition of any such m;
Production including but not limited to music rights or
n from appropriate third parties
connection with this
for public performance.
Page 2 of 6
2) Condition: The Production, when setup and executed correctly as designed and
specified by J&M, will be suitable for the purposes intended, and will not utilize any
practice which is likely to cause personal injury or other h aalth hazards to persons viewing
the production as contemplated hereunder or working within the recommended proximity
of the production, 1
3) The BUYER hereby represents and warrants that it h 's ascertained that the requisite
ceiling heights and or display fallout radius as specified�y J&M will be available and
appropriate safety clearances will be maintained over ani around the production at all
times prior to while the production is in performance.
4) BUYER shall indemnify, hold harmless, and defend J�M from and against any and all
claims. actions, damages, liability and expenses, includin but not limited to attorney and
other professional fees and court costs in connection with the loss of life, personal injury,
and/or damage to property, arising from or out of the Production and the presentation
thereof to the extent such are occasioned by any act or orkssion of BUYER, its officers,
agents, contractors, providers, or employees. In no event 11hali either party be liable for the
consequential damages of the other party.
J&M shall have no responsibility for monitoring or controlling BUYER's other contractors,
providers or volunteers; the public; areas to which the public or contractors have access; or
any other public or contractor facilities associated with the,, Production.
J&M shall indemnify, hold harmless and defend the BUYI�PR and its elected and appointed
officers, directors, shareholders, employees and representatives from and against any and
all cost, liability, damages and expense (including, but not limited to, reasonable attorneys'
fees) in connection with the loss of life, personal injury, an /or damage to property, arising
from or out of the Production and the presentation thereofto the extent such are
occasioned by any act or omission of J&M, their officers, a0ents, contractors, providers, or
employees.
5. OWNERSHIP OF PRODUCTION:
All rights to the Production and the design thereof shall be the pro erty of J&M, who shall retain
all copyright, trademark and other proprietary rights in the Producti' n.
6. OWNERSHIP OF PROCEEDS:
All of the proceeds of the services rendered hereunder by J&M arel works specifically ordered by
the BUYER, and the BUYER shall have the free and unrestricted ri ht to use and exploit the
production in any manner whatsoever as the BUYER may designate in its sole discretion. J&M
reserves the right to use images of the production on its own website and promotional materials
within the extent provided by and subject to copyright laws. In all cses the photos will be credited
to the owner.
7. INSURANCE:
J&M shall at all times during the performance of services herein ei
is maintained in connection with J&M's performance of this Agreer
occurrence of commercial general liability insurance, including pro
contractual liability under this Agreement; (2) Ten Million dollars F
liability insurance; (3) One Millions dollars per occurrence workers'
unemployment insurance as required by law. In connection with v
J&M agrees that in undertaking the duties to be performed under t
ire that the following insurance
nt; (1) Ten Million dollars per
cts, completed operations, and
occurrence of automobile
mpensation insurance, and
kers' compensation insurance,
Agreement, it shall act as an
Wage 3 of 6
independent contractor for and on behalf of the BUYER and not an employee of BUYER. BUYER
shall not direct the work and means for accomplishment of the sery ces and work to be performed
hereunder. BUYER however, retains the right to require that work performed by J&M meet specific
standards without regard to the manner and means of accomplishment thereof.
General Liability Insurance is to protect BUYER from claims for bod ly injury, including death,
personal injury, and from claims of property damage, which may ar se from J&M's performance of
this Agreement, only. Such insurance shall not include claims whi h arise from BUYER's
negligence or willful conduct or from failure of BUYER to perform ii s obligations under this
Agreement, coverage for which shall be provided by BUYER.
J&M shall provide proof of insurance as specified in Exhibit "C".
A duplicate or certificate of said insurance policy containing the above -stated required
endorsements shall be delivered to the City Risk Manager after the. issuance of said policy, with
satisfactory evidence that the carrier is required to give the City of tI odi at least 30 days prior notice
of the cancellation or reduction in coverage of the policy during the,effective period of this
Agreement. If there has been no such delivery within 48 hours pri�r to the expiration date of the
policy, this Agreement shall be null and void.
L. Clean-up:
J&M shall be responsible for the removal of all equipment provided by J&M and clean up of any live
pyrotechnic debris resulting from the production. BUYER shall be rgsponsible for any other clean-
up which may be required of the Production, set-up, discharge andll fallout areas.
9. Safe Display Operation:
J&M and BUYER shall each comply with all applicable federal, stale and local laws and regulations
and ernploy safety programs and measures consistent with recogn'zed applicable industry
standards and practices. At all times before and during the Production, it shall -be within J&M's sole
discretion to determine whether or not the Production may be safe) V discharged or continued, or for
J&M to determine that the Production cannot be discharged or cont nued as a result of any
conditions or circumstances affecting safety beyond the reasonabl i control of J&M.
t0. MISCELLANEOUS
IONS:
Limitation
Limitation of Liability: Except in the case of bodily Injury and prloperty damage as provided
in the insurance and indemnification provisions of Paragraphs 4a. d 7, above, in the event BUYER
claims that J&M has breached this Agreement or was otherwise ne ligent in performing the
Production provided for herein, BUYER shall not be entitled to cla€ n or recover monetary damages
from J&M beyond the amount BUYER has paid to J&M under this greement, and shall not be
entitled to claim or recover any consequential damages from J&M ncluding, without limitation,
damages for loss of income, business or profits.
Force Maieure: BUYER agrees to assume the risks of weather, st lkes or other labor troubles, fire
damages to or destruction in whole or part of merchandise or the rrianufacturing plant(s), civil
unrest, terrorism, military action, governmental action, and any other causes beyond the control of
J&M which may prevent the Production from being discharged on the scheduled date. These
events will excuse J&M from the performance of the Agreement. However, if these events do not
prevent the rescheduling date production, it shall be rescheduled to a mutually convenient date.
No Joint Venture: Nothing in this Agreement or in J&M's performance of the Production shall be
construed as forming a Partnership or Joint Venture between BUYER and J&M. J&M shall be and
is an independent contractor with BUYER and not an employee of BUYER. The Parties hereto
shall be severally responsible for their own separate debts and obligations and neither Party shall
be held responsible for any agreements or obligations not express ly provided for herein.
Assignment: 'the BUYER may transfer or assign this Agreement rail or any partof its rights
hereunder to any person, firm or corporation, and this Agreement hall inure to the benefit of and
be binding upon the heirs, successors and assigns of either of the parties hereto. No such transfer
Page 4 of 6
i
or assignment, however, shall relieve the BUYER of its obligations to J&M hereunder unless the
transferee or assignee shall assume in writing such obligations. J&M may assign its right to receive
revenues hereunder, but otherwise it shall not assign any of its obligations or rights relating to this
Agreement.
Notices: All notices (and statements and payments, if applicable) shall be in writing and shall be
given by the parties personally or by mailing (postage prepaid), or by faxing with copy by mail same
to the appropriate party at the addresses set forth below:
J&M — J&M Displays Inc., PO Box 3444, Diamond Springs, CA 95619
Or, for overnight delivery to: J&M Displays Inc., 18060 170"' Ave, Yarmouth, IA 52660
BUYER - City of Lodi Parks, Recreation and Cultural Services Department, P.O. Box 3006,
Lodi, CA 95241
The date of receipt of such personal delivery, mailing or faxing shill be presumed to be not later
than two (2) days following submission of such notice, statement or payment, properly addressed
to the applicable party.
Governing Law: The laws and judicial decisions of the State of California applicable to agreements
entered into and to be wholly performed therein shall govern this Agreement.
t
Additional Documents: The parties hereby agree to execute such,additionai document(s) as may
be reasonably necessary or desirable in order for either of such parties to enforce their respective
rights hereunder.
Entire Agreement: This Agreement expresses the binding and entire agreement between the
BUYER and J&M and shall replace and supersede all prior arrangements and representations,
either oral or written, as to the subject matter hereof. All terms of the Agreement are In writing
and may only be modified by written agreementof sad written Agreement es and agree to beo. Both boundby
acknowledge they have received a copy i
said terms of written Agreement only.
SeverabLMt : This agreement shall become effective after it is executed and accepted by the
BUYER and after it is executed and accepted by J&M at its offices in Yarmouth, IA. This
Agreement shall be binding upon all Parties hereto and upon their heirs, successors,
executors, administrators, and assigns.
Page 5of6
EXECUTED as of date first written above:
J&M DISPLAYS INC.
By:
STEVE SOUZA
VICE PRESIDENT
STEVE SOUZA
(Print Name)
APPROVE AS TO FORM
JANICE D. H
(K
CITY
CITY ATTORNEY
CITY OF LODI
By:
STEPHEN SCHWABAUER
CITY MANAGER
(Print Name)
ATTEST:
Page 6 of 6
Your custom proposal for
LODI PARKS AND RECREATION DE
July 41h 2015
Program "A"
onenina - 2.5 Inch Finales
1 Salute finale with palm 10 shot
Type shell count 10
Category shell count 10
Main Event - 3 Inch Color Shells
2 Brocade crown with silver strobing pistil
2 Crackling willow
2 Crown to glittering
2 Double layer crackle ring
2 Glittering willow ring
2 Strobe w/ ring assorted
2 White flashing willow
2 Willow with strobe pistil gold tail
2 Assortment B of 20 (5 report& 15 color) Patriotic shells ELECTRIC FIRE
2 Assortment C of 20 different J&M Brand shells ELECTRIC FIRE
2 Assortment F of 20 different J&M Brand Shells ELECTRIC FIRE
2 Assortment G Of 20 different J&M shells ELECTRIC FIRE
2 Assortment K Of 20 different J&M Brand shells ELECTRIC FIRE
2 Assortment M of 20 different J&M Brand Shells ELECTRIC FIRE mixed
1 Assortment Y of 10 pairs of 3" J&M shells ELECTRIC FIRE
Type shell count 276
Main Event - 3 Inch Special Effect
Shells
2 Artillery
2 Color whistle with reports
2 Red and blue with artillery
2 Red and blue with silver serpents
2 Red and blue with whistles
Type shell count 10
1 GY CI' - - ...w• v...... ..
1 Brocade Crown to Crackling
1 Brocade Crow to Red Glitter
1 Crown to glittering
1 Flower wave v tith red green blue pistil
2 Four color peny
1 Half golden w ve to purple half yellow spiderweb
2 New Color pe nies assorted
1 Red and blue ahlia with silver glitter
1 Silver crown silver tail
1 Willow to red i vhite and blue
2 Assortment C of 20 different J&M Brand Shells ELECTRIC FIRE
1 Assortment F of 20 different J&M Brand shells ELECTRIC FIRE
1 Assortment G of 20 different J&M Brand Shells ELECTRIC FIRE
1 Assortment K Of 20 different J&M Brand shells ELECTRIC FIRE
2 Assortment P of 20 different J&M Brand shells ELECTRIC FIRE
1 Assortment O of 10 Patriotic pairs of 4" J&M Brand shells
Type shell count 1172
2 Butterfly patte rn
1 Crackling coo nut
2 Sunflower Re I brocade tail
2 Twilight glitter comets
2 White strobe
Type shell count 9
Main Event -5 rich Assort I
1 Assortment S of 10 Special J&
Type shell count 10
Category shell count 477
12 Red white a0 blue finale 10 shot
Type shell count 1 120
I:innlac - 3 Inchl Finales
pattern shells ELECTRIC
5 Color finale 1 shot with tails silver tail
6 Red salute bl a finale 10 shot (dahlia) mixed tails
5 Report and p Im finale 10 shot with rising tails mixed tails
Type shell count 1 160
3 Color finale 8 shot silver tail
3 Red white and blue dahlia finale 8 shot mixed tails
Type shell count 48
Proposal number: 35290 Designed on: 4/2/2015 Printed on: 4/6/201 Page 1 of 3
Your custom proposal for
LODI PARKS AND RECREATION
July 4th 2015
Program "A"
Category shell count 328
Miscellaneous - Ignition Items
36 Igniter 2 meter leads
519 Igniter 3 meter leads
0
0
Free 15% for Multiple Year Agreement
- 3 Inch Special Effect Shells
2 Green with silver serpents
2 Purple and orange with silver serpents
Type shell count 4
Free 15% for Multiple Year Agreement
4 Inch Color Shells
2 Blue lemon and pink glittering coconut strobe tail
1 Crackling willow
2 Multi -color comets
1 Assortment R of 10 different pairs of J&M Brand shells ELECTRIC FIRE
Type shell count 25
Free 16% for Multiple Year Agreement
4 Inch Special Effect shells
1 Crackling Kamuro Chrysanthemum
1 Glittering silver to blue to crackling with crackling pistil
2 Half blue and half red with midnight snow ring
2 Multicolor strobe
1 Nlshiki kamuro niagara falls with variegated pistils
2 Purple chrysanthemum with crackling
2 Strobing (spangle) chrysanthemum with crackling
1 Variegated kamuro with variegated pistil
1 Variegated meteor
Type shell count 13
Free 15% for Multiple Year Agreement
- 4 Inch Finales
1 Mixed color peony finale 4" - 8 shot
Type shell count 8
Category shell count 50
Proposal number: 35290 Designed on: 4/2/2015 Printed on: 4/612015 Page 2 of 3
Your custom proposal for
L,ODI PARKS AND RECREATION
July 4th 2015
Program "A"
This show includes delivery, spectator liability insurance, equipment, and labor to
Total shell count: 865 Packing check: 6
Total price of show: $16,000.00 Date of display: 7
Customer number: 0
Proposal print 9
Please note the follown
The data in this proposal is confidential, and Is to be accorded confidential treatment and shall not be
representative of the organization listed on the cover, and only then when In the evaluation of this prc
proposal, whether in whole or in part, is expressly forbidden. J & M Displays, Inc. requests that all it
pursuant to any request under the Freedom of Information Law of this state or any other state or juris
to our company. The enclosed concepts and materials are the sole and exclusive property of J & N
substitutions of equal or greater value. Prices and specifications are subject to change without notic
Shell Summary:
Opening
Main Event
Finales
Diameter Shell count
2.5" 10
Opening Shell count 10
Diameter Shell count
5" 10
4" 181
3" 286
Main Event Shell count 477
Diameter Shell count
4" 48
3" 160
2.5" 120
Finales Shell count 328
Free 15% for Multiple Year Agreement
Diameter Shell count
4" 46
3" 4
Free 15% for Multiple Year Agreement Shell count 50
Proposal number: 35290
Total shell count: 865
Designed on: 4/2/2015
,ARTMENT
up and fire the displays.
5
iisclosed other than to the official
,osal. Any reproduction of the contents of this
armation be safe -guarded from release
fiction; as it may cause competitive disadvantage
Displays, Inc. We reserve the right to make
Printed bn: 4/6/2015
Page 3 of 3
RESOLUTION NO. 2015-56
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING -THE CITY MANAGER-T-O-EXECU-TE A
TWO-YEAR CONTRACT WITH J&M DISPLAYS, INC.,
FOR THE 2015 AND 2016 FOURTH OF JULY
FIREWORKS SHOWS AT LODI LAKE PARK
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a two-year contract with J&M Displays, Inc., for
the 2015 and 2016 Fourth of July Fireworks Shows at Lodi Lake Park, in an amount not
to exceed $32,000 for the two-year contract.
Dated: May 20, 2015
I hereby certify that Resolution No. 2015-56 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 20, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
J.
NNIFE . FERRAIOLO
City Clerk
2015-56